DAMAGES FOR LIBEL

Hokitika Guardian, 25 November 1930, Page 7

DAMAGES FOR LIBEL

NEWSPAPER HEADING. COMMENT ON UNFINISHED CASE. "WELLINGTON, November 21. Damages amounting to £25 were awarded against the Wellington PubI listing Co., Ltd., proprietors of the “Dominion” newspaper in a libel action in which Edward James Ashby claimed £95 from tlie company in respect of the use of the words “a swindle” in the heading of a compensation claim. “The first question to be considered,” said Mr Barton, S.M., “is whether or not the word used (seeing that it appears in the headline) is part of a report of judicial proceedings, for if it is, defendant has the benefit of the protection known as qualified privilege accorded by law to such reports.” Defendant, having chosen the words as a heading of tlie report, liad to

satisfy the Court that it was fair comment in the matter of public interest, lie added. Having carefully studied the headline and report, the Magistrate was of opinion that there was nothing in the report which tended to cut or tone down tlie ordinary meaning of the word “swindle.” Any ordinary intelligent reader would, he thought, take from the word “swindle” the imputation that the cTaiin described in detail

in the report was a claim that was liot justified by the happening on which plaintiff based it, but was an unjust claim, designed to procure payment to plaintiff by defendant of damages to which plaintiff was not justly, entitled. In Mr Barton’s opinion, the heading would convey to the average reader that the newspaper had adopted, and had therefore given prominence, to the view that the claim was an unjustifiable one. He thought that a reader’s perusal of the report would he influenced accordingly. “I am of the opinion, therefore,” Mr Barton concluded, “that the words ‘a swindle’ are not a fair summary or indication of the contents of the report. The newspaper adopted the submission of counsel for one of the parties and used it as its comment on the report of. an unfinished case. The fact that it is) the report of an unfinished case increases the risk of comment.” //■•-

Tlie Magistrate fixed, security' for appeal at £l2 12s.